- Year of publication: 2011
- Source: Show
- Pages: 277-280
- DOI Address: -
The article points out that a hung parliament, one in which no party commands a majority in the House of Commons, raises not only political but also important constitutional questions. The latter are concerned with the proper role of the monarch in constitutional democracy as well as with ministerial responsibility which in a hung parliament needs to be accommodated both to minority and coalition governments. In a hung parliament the government formation is not straightforward and the Queen may be compelled to engage more actively in the process and even to use its reserve powers in case the prime minister defeated at the elections would not resign and ask her for a dissolution of parliament instead. In a hung parliament either minority or coalition government can be formed, though the latter has never been created until 2010. When there is no one-party majority in parliament collective ministerial responsibility has to be accommodated to the circumstances, the confidence rule when minority government was formed and unanimity as well as confidentiality rules if coalition was created.
The article deals with the law making process of Private Members’ Bills, which are Public Bills introduced by MPs and Lords who aren’t government ministers. A minority of Private Members’ Bills become law but, by creating publicity around an issue, they may affect legislation indirectly. Private Members’ Bills can be introduced in either House and must go through the same set of stages. There are three ways of introducing Private Members’ Bills in the House of Commons: the Ballot, the Ten Minute Rule and the Presentation. Ballot Bills have the best chance of becoming law, as they get priority for the limited amount of debating time available. The names of Members applying for a Bill are drawn in a ballot held at the beginning of the parliamentary year. Ten Minute Rule Bills are often an opportunity for Members to voice an opinion on a subject or aspect of existing legislation, rather than a serious attempt to get a Bill passed. Members make speeches of no more than ten minutes outlining their position, which another Member may oppose in a similar short statement. It is a good opportunity to raise the profile of an issue and to see whether it has support among other Members. Additionally any Member may introduce a Bill by presentation. Private Members’ Bills introduced in the Lords go through the same stages as any other Public Bill. Once completed, and if an MP supports the Bill, it continues in the Commons. The discussed procedure in its current form does not ensure the effectiveness of this way of making law. Nevertheless it provides an excellent opportunity for backbenchers to gain experience and present issues that attract public attention in the forum of Parliament.
Legislative procedure for urgent bills constitutes a crucial prescriptive instrument that is useful to a government in parliamentary system to influence the course of legislative process. In Poland the urgent procedure was introduced by virtue of provisions of the Small Constitution 1992, as a factor that serves to prevent the lengthiness of parliamentary procedures and obstructive actions of parliamentary opposition towards government legislation program. On the basis of decisions taken by the Constitution adopted on 2nd April 1997 and as in the previous legal situation, The Council of Ministers has the exclusive right to initiate legislative proceeding as a matter of urgency. In accordance with the 123rd article, para 1 of the Constitution, urgency clause cannot be applied against tax bills, bills governing elections, draft laws regulating systems and competence of public authorities and drafts of law codes. What is more, on the basis of separate articles, budget bills are excluded from using the urgency process. The basic drawback of the urgency process in Polish political solutions is the lack of constitutional deadlines that would indicate the pace of Sejm activities concerning the urgency clause. In such a situation, the actual pace of investigation of urgent bills in the Sejm depends on the lower house’s will and its bodies. As a result, in practice of Polish parliamentary law, the urgency process is rarely applied by the Council of Ministers, particulary when the government has stable support of Sejm’s majority at its disposal. In such a case, the government may stimulate the pace of parliamentary activities concerning its bills with the use of political pressures nad with no need of using the urgency process.
The article concentrates on issue of legal status of Marshall of Sejm as a person executing presidential duties by the time when the president for some reasons can not hold his office. The author analyses in details binding legal rules, indicating whether they are useful or whether they are just wrong. The first part of article shows us polish constitutional tradition in presented area. It includes both pre- and post war period. In the second part we can find an analysis of constitutional rules referring to the issue of presidential substitution. The remarks in the article are based on political praxis in Poland. In many cases the author criticizes introduced legal rules. He also formulates many practical conclusions for the future.
In the article there is presented the issue of the Cabinet Advice, understood as one of forms of cooperation between the executive authorities. In the beginning there was showed the evolution of the Cabinet Advice in the Polish constitution regulations having begun since the charter of the Constitution from 1947. There was explained that even before this Constitution, in Polish political practice, meetings of the President and the government also happened, because of the need of cooperation between them. The Cabinet Advice was subjected to a detailed analysis in the contemporary Polish political regulation. On the basis of made arrangements there was taken an attempt of evaluation the functioning of the Cabinet Advice from a perspective of less than fourteen years of the validity of Polish Constitution from 2nd April 1997.
The responsibility for electoral promises is the fragment, segment, wider problems of responsibility for word in the public life. In democratic legal state, the state should assure citizens certainty to the statement of representatives of state organs ( the public power). The problem with “ electoral actions” is also that take part in them persons are not such representatives. Here also appears the question of the legal responsibility for words, the promises advoctae in course of electoral campaign. The subject of present study is current. The public debate focuses round meaning (and the sharpness) the words expressed by representatives of political scene. Recent tragical events in Poland (murder on political background) are proof on this, that statements policy has the larger power of dazzling than “usual” men. What is the possibility of accounts folding the electoral promises with lack their realization? The consequences are not only in civil law. This article is the attempt of multiplane analysis of problem.
For years, political funding has been the subject of heated disputes and debates. The discussion on “money in politics” involves the media, lawyers and ordinary citizens as well as those who are most interested, namely the politicians themselves. The issue of transparency in financing political parties and election campaigns is subject to continuous monitoring by international organizations (UN and Council of Europe) as well as NGOs which analyze the problem of corruption in public life (Transparency International). The role of both cannot be overestimated. The paper discusses all of the above mentioned topics. Particular attention is drawn to three themes. First, the problem of how law enforcement bodies define and classify the problem of political corruption is dealt with. Second, the impact of Council of Europe recommendations on the shape of Polish law concerning the openness of political funding is discussed. Thirdly, the article covers the legal solutions adopted in Poland which concern the sources of fundraising by political parties and electoral committees, their duty to keep financial reports as well as penalties for not conforming with financial discipline rules.
The subject of this paper is the definite character of legal regulations. The author has undertaken to analyze one of the most significant legal problems – the problem of proper legislation. The definite character of the law – as principle of the proper legislation – binds the legislative body in creating the law. It forces the legislature to formulate legal rules in a correct, precise and a clear way. And it is a violation of the Constitution to establish legal rules that are vague and ambiguous and that do not allow citizens to predict the legal consequences of their behaviors.
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